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Jack Daniel’s Continues, with Trademark Dilution as the New Battleground

IP Watchdog

The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The litigation that has unfolded in the past year foretells the downstream implications of the Supreme Court ruling, particularly for trademark dilution law.

Trademark 124
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2024 Design Patents Year in Review: Analysis & Trends: Design Patents Year in Review - Federal Circuit Appeals: A Very Big Decision in an Otherwise Quiet Year

JD Supra Law

The majority of 2024 was a quiet year for design patent cases at the Court of Appeals for the Federal Circuit. design patents: one Rule 36(a) affirmance, two decisions involving litigation misconduct, one affirmance of an Examiners (and Boards) rejection, and one en banc decision that overturned more than 40 years of obviousness case law.

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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part I (Registration and Inspection)

Intellectual Property Law Blog

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. when the mask work is involved in litigation.

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Trademark on Product Design: Are these biscuit sticks functional

Patently-O

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

Design 133
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The Plagiarism of Fast Fashion

Plagiarism Today

Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” But, as popular as the app is, it has also been highly divisive with many fashion designers accusing it of selling inferior rip-offs of their work.

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2022 Design Patents Year in Review: Analysis and Trends: US District Courts: A Busy Year for Design Patents, Including a $17M Jury Verdict

JD Supra Law

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. That trend has continued in 2022.